Defendant's Attorney: Drew K. Baumchen

Description: Eugene, Oregon civil rights lawyers represented the Plaintiff who sued the Defendants on civil rights violation theories under 42 U.S.C. 1983.

This case was filed in the Marion County Circuit Court, 22CV39657, and was removed to federal court by the Defendants.

"Section 1983 of Title 42 of the United States Code (42 U.S.C. § 1983) is a federal law that allows individuals to sue state and local government officials for violating their civil rights. Section 1983 does not create any new civil rights; it simply provides a mechanism for enforcing existing civil rights that are protected by the Constitution and federal laws.

To bring a successful Section 1983 claim, a plaintiff must prove the following elements:

That the defendant is a state or local government official acting under color of state law.
That the defendant violated one of the plaintiff's constitutional or federal statutory rights.
That the defendant's actions caused the plaintiff to suffer an injury.

"Acting under color of state law" means that the defendant was exercising the power or authority of the government. This includes state and local government employees, as well as private individuals who are acting on behalf of the government.

Some of the most common constitutional and federal statutory rights that are protected by Section 1983 include:

First Amendment rights, such as the freedom of speech, religion, and assembly.
Fourth Amendment rights, such as the protection against unreasonable searches and seizures.
Fifth Amendment rights, such as the right to due process of law and the right to equal protection under the law.
Fourteenth Amendment rights, such as the right to citizenship and the right to equal protection under the law.

If a plaintiff is successful in their Section 1983 claim, they may be entitled to damages, injunctive relief, or both. Damages can include compensation for medical expenses, lost wages, pain and suffering, and other losses. Injunctive relief can be used to prevent the defendant from continuing to violate the plaintiff's civil rights.

Section 1983 is an important tool for protecting the civil rights of all Americans. It allows individuals to hold state and local government officials accountable for their actions and to seek redress for the harm that they have caused."

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Outcome: The Court having been informed by counsel for the parties that this action has been settled, IT IS ORDERED that, pursuant to LR 41-1, this action is dismissed with prejudice and without costs and with leave, upon good cause shown within sixty (60) days, to have this order of dismissal set aside and the action reinstated if the settlement is not consummated. Pending motions, if any, are denied as moot. All pretrial deadlines and any trial date are stricken. By Clerk of Court Melissa Aubin. (cp) (Entered: 10/20/2023)

Plaintiff's Experts:

Defendant's Experts:

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